Judge: Craig Griffin, Case: Cunningham vs. County of Orange, Date: 2022-11-07 Tentative Ruling

Defendant County of Orange’s (“Defendant”) demurrer to plaintiff Peter Cunningham’s (“Plaintiff”) Third Amended Complaint (“TAC”) is OVERRULED.

Defendant’s Notice of Demurrer stated it was brought pursuant to “Civ. Proc. Code § 430.10.”  Defendant provided no subsection or case law which applies to the present issues.  Plaintiff also failed to cite to Civ. Proc. Code § 430.10 in the body of the pleading.  In reviewing the subsection, the court also does not find any subsection in the demurrer standard that applies.  Instead, it appears Defendant should have filed a motion to strike the pleading pursuant to Civ. Proc. Code § 436(b), which Defendant did not do.  As no notice of a motion to strike or Civ. Proc. Code § 436(b) was provided to Plaintiff, the court must review this matter under the demurrer standard.

As there is no basis for the requested relief under the demurrer standard, the court must OVERRULE the demurrer.

Defendant is to file an answer to the TAC within 10-days of written notice of the court’s ruling.

Plaintiff to give notice.